Can Police Search Your Car After Smelling Marijuana in Georgia?

Marijuana odor traffic stops frequently result in vehicle searches and drug possession arrests. Nonetheless, recent revisions in hemp laws at both the state and federal levels have resulted in some legal gray areas regarding the circumstances under which a police officer can legally search a car based on odor alone.

Marijuana odor traffic stops are particularly relevant for drivers in Cobb County, considering that such a case could quickly become an arrest situation involving drug charges, drug trafficking charges, or weapon charges.

Why the smell of marijuana matters during a traffic stop

The smell of marijuana was, for a long time, enough reason for courts to grant police officers the right to search the vehicle since the mere smell was considered probable cause for the presence of drugs inside the vehicle.

Once there is probable cause, a search of certain sections of a vehicle can be granted to the police officers without having to obtain a warrant first.

These include searching the:

• Passenger compartment
• Pouches and containers
• Trunk of the vehicle
• Areas where drugs might be concealed

And that’s why an ordinary traffic stop can escalate into a full-blown criminal case very easily.

Hemp laws have complicated marijuana cases

Georgia’s hemp legislation has given rise to several legal complications since both marijuana and hemp have similar odors. The legalization of hemp was due to modifications in state and federal laws. In most states, marijuana is still prohibited for non-medical purposes. As a result, defense lawyers have begun asserting that odor does not necessarily mean that criminal activity is taking place.

For instance, in specific cases, it has become necessary to determine whether a police officer can differentiate between the two based solely on smell. Even though Georgia courts usually permit searches on the basis of a marijuana odor, there are now more legal considerations than ever before.

Additional evidence police may rely on

Besides the smell of cannabis, officers will also rely on other factors to justify a search of the vehicle, including:

• The presence of marijuana or paraphernalia
• Smoke in the car
• Statements from the driver and passengers
• Nervousness of the occupants
• Questionable packaging of the items

In their reports, police officers tend to incorporate multiple pieces of evidence to establish probable cause.

What happens if drugs are found?

In case officers find any drugs through the search process, the driver or passengers can be charged for:

• Drug possession
• Possession with the intent to distribute drugs
• Drug trafficking
• Possession of drug paraphernalia

The gravity of the charges will depend on the kind of drugs and their quantity found by the officers.

At times, officers may also come across firearms or other forms of evidence that could result in other criminal charges.

Talk to a Smyrna, GA, Drug Possession Lawyer Today

Andrew L. Schwartz, P.C., represents the interests of Smyrna residents who have been charged with drug possession. Call our Cobb County drug crimes lawyer today to schedule an appointment, and we can begin preparing your defense right away.